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Texas Family Code - Section 55.52. Proceedings Following Finding Of Lack Of Responsibility For Conduct

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 55.52. Proceedings Following Finding Of Lack Of Responsibility For Conduct

§ 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF 
RESPONSIBILITY FOR CONDUCT.  (a) If the court or jury finds that a 
child is not responsible for the child's conduct under Section 
55.51, the court shall:
		(1)  if the lack of responsibility is a result of mental 
illness or mental retardation:
			(A)  provided that the child meets the commitment 
criteria under Subtitle C or D, Title 7, Health and Safety Code, 
order the child placed with the Texas Department of Mental Health 
and Mental Retardation for a period of not more than 90 days, which 
order may not specify a shorter period, for placement in a facility 
designated by the department;  or
			(B)  on application by the child's parent, 
guardian, or guardian ad litem, order the child placed in a private 
psychiatric inpatient facility for a period of not more than 90 
days, which order may not specify a shorter period, but only if the 
placement is agreed to in writing by the administrator of the 
facility;  or
		(2)  if the child's lack of responsibility is a result 
of mental illness and the court determines that the child may be 
adequately treated in an alternative setting, order the child to 
receive treatment on an outpatient basis for a period of not more 
than 90 days, which order may not specify a shorter period.
	(b)  If the court orders a child placed in a private 
psychiatric inpatient facility under Subsection (a)(1)(B), the 
state or a political subdivision of the state may be ordered to pay 
any costs associated with the child's placement, subject to an 
express appropriation of funds for the purpose.

Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1, 
1999.       

Last modified: August 11, 2007